CFPB – “We’ve Only Just Begun” | Bartmann Blog

CFPBReading through the Consumer Financial Protection Bureau’s (CFPB) first annual report to congress I could have sworn I heard Karen Carpenter singing in the background.

Though only in existence since July (and with Director Richard Cordray in place just since January) by almost any standard the CFPB is off to a fast start. From filing “friend of the court” Amicus Briefs, to their proposed rule to put the largest debt collectors under their direct regulatory microscope, Director Cordray and team have wasted no time.

This is good news, because there is no time to waste.

When you are heavily in debt you already feel like the walls are closing in around you. Mix in debt collectors who don’t fear the current slap on the wrist laws and low urgency enforcement and you have a volatile mix of desperation and hopelessness.

Fortunately the CFPB appears to really get this…and even better, to them it seems personal.

Join Bill Bartmann as he works to end debt collection abuse. Sign our petition today.

Bill

Hi, I'm Bill Bartmann and I am on a mission to reform the debt collection industry in America. Please join with me as we bring a petition to Washington D.C., and make Congress close all the legal loopholes in debt collection practices. It's time to stop these debt collection abuses and stop these criminals. Join with me! Sign the petition today! http://stopthesecriminals.com/petition

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Attorneys General Who Get It | Bartmann Blog

attorney generals support bartmann ethical debt collectionBeing a State Attorney General is no easy task. Protecting your citizens against just the common crimes is a herculean endeavor. Add to it non-violent crimes, like identity theft and everything “cyber,” and you’d likely feel like the proverbial Dutch boy sticking his finger in the dyke.

That said, debt collector abuse is particularly insidious. Not only is it rampant, affecting large swaths of our society, but it’s laser focused on the neediest among us too. The result is devastating to taxpayers as frivolous collection suits clog up our court systems and putting people further underwater increases the burden on our support agencies.

I’ve witnessed, first hand, Attorneys General around the country rallying to this cause. While government never moves fast enough for me, the 13 Attorney Generals below deserve special commendation for their proactive approach to informing and protecting the citizens under their care from abusive debt collectors. I’ve included a link to their web pages for dealing with debt collectors so that if you are in any of these states you’ll know what your rights are and what to do if you’re having a problem:

  • Arkansas - Dustin McDaniel:

http://www.ag.arkansas.gov/consumers_consumer_tips_fair_debt_collection.html

  • California – Kamala Harris:

http://oag.ca.gov/consumers/general/collection_agencies10

  • Colorado – John Suthers: 

http://www.coloradoattorneygeneral.gov/departments/consumer_protection/uccc_cab/cab

  • Florida – Pam Bondi:

http://myfloridalegal.com/pages.nsf/main/7cd1ef6dd790c14685256cc900560bd6!OpenDocument

  • Illinois – Lisa Madigan:

http://illinoisattorneygeneral.gov/consumers/debtcollection.html

  • Iowa – Tom Miller: 

http://www.iowa.gov/government/ag/consumer_tips_info/debt_collection.html

  • Maryland – Douglas Gansler: 

http://www.oag.state.md.us/Consumer/edge117.htm

  • Massachusetts - Martha Coakley:

http://www.mass.gov/ago/consumer-resources/consumer-information/credit-and-financial-literacy/consumer-credit/fair-debt-collection.html

  • Minnesota – Lori Swanson:

 http://www.ag.state.mn.us/consumer/finance/debfactsheet.asp

  • Ohio – Mike DeWine: 

http://www.ohioattorneygeneral.gov/about/faq/debt-collection-faqs

  • Pennsylvania – Linda Kelly:

http://www.attorneygeneral.gov/complaints.aspx?id=403

  • Texas – Greg Abbott:

https://www.oag.state.tx.us/consumer/debt_collection.shtml

  • Virginia – Kenneth Cuccinelli: 

http://www.oag.state.va.us/Consumer%20Protection/Consumer_Debt_Collection.html

Bill

Hi, I'm Bill Bartmann and I am on a mission to reform the debt collection industry in America. Please join with me as we bring a petition to Washington D.C., and make Congress close all the legal loopholes in debt collection practices. It's time to stop these debt collection abuses and stop these criminals. Join with me! Sign the petition today! http://stopthesecriminals.com/petition

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Protecting Consumers From Rogue Collectors – Georgia Style | Bartmann Blog

nathan deal debt collection georgiaGeorgia Governor, Nathan Deal, has an Office of Consumer Protection (OCP) that truly lives up to its name.

They got Dorsey Thornton & Associates, a Georgia debt collector, to FORGO collections on 31,433 accounts representing $15,491,899.36 in consumer debt. Additionally, the company has agreed to pay a civil fine and compensate the OCP for legal and investigative expenses.

If this is the SETTLEMENT, you can see how dead to rights Dorsey Thornton knew they were. Likely they also sensed Governor Deal wouldn’t be bashful about using his “big stick.” One look at the consumer complaints and you can understand why they deserved this trip to the woodshed. Georgia consumers complained that they were harassed and deceived by:

  • Threatening consumers with arrest or imprisonment if they did not pay the debt;
  • Refusing to send consumers written proof of the debt owed;
  • Identifying themselves as “Investigators” rather than disclosing that they were debt collectors attempting to collect a debt;
  • Contacting third parties and divulging information about the debtor’s account;
  • Calling consumers before 8:00am or after 9:00pm
  • Continuing to contact consumers even after they told the company to stop calling them;

“Debt collectors who engage in this kind of harassment, deception and other illegal behavior in the state of Georgia must and will pay a steep price,” said John Sours, Administrator of the Governor’s Office of Consumer Protection.

 

Talk is cheap, but this bold response shows that government officials in Peach State don’t mince their words.

Bill

Hi, I'm Bill Bartmann and I am on a mission to reform the debt collection industry in America. Please join with me as we bring a petition to Washington D.C., and make Congress close all the legal loopholes in debt collection practices. It's time to stop these debt collection abuses and stop these criminals. Join with me! Sign the petition today! http://stopthesecriminals.com/petition

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Attorney General DeWine Cracks Down on Debt Settlement Operation | Bartmann Blog

mike dewine debt collection One pet peeve of mine, that I haven’t talked nearly enough about, are the bad actors in the debt settlement business. This is a segment business that sells hope to desperate folks who are deeply in debt and cause a great deal of pain and trauma when they don’t deliver.

Ohio Attorney General, Mike DeWine, (@OhioAG) is wise to this game as he’s going after Jeremy Nelson and two debt settlement companies he owns – Jackson Hunter Morris & Knight, and Nelson Gamble & Associates. Apparently, through advertising and phone conversations, they were representing they could settle debts for a portion of what they owed. According the Attorney General DeWine consumers paid for these services, but didn’t end up having their debts settled.

I wish I could say I’m shocked. At least I’m gratified that that key consumer protectors, like Attorney General DeWine are on the case.

Bill

Hi, I'm Bill Bartmann and I am on a mission to reform the debt collection industry in America. Please join with me as we bring a petition to Washington D.C., and make Congress close all the legal loopholes in debt collection practices. It's time to stop these debt collection abuses and stop these criminals. Join with me! Sign the petition today! http://stopthesecriminals.com/petition

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Bank “Stress Test” Yields Two Surprises | Bartmann Blog

 

Bank of America

Going into this years Federal Reserve bank stress test, conventional wisdom had Citigroup among the most likely to pass.

After applying the crisis scenarios of soaring unemployment (to 13%), a stock market dive (-50%) and plummeting housing prices (-21% from today’s levels) to the largest bank’s balance sheets, Citigroup (America’s 3rd largest bank) was one of only four banks to “fail.” The others were: Ally Financial, SunTrust & MetLife.

Seeing that Citigroup would run out of capital in these scenarios is a big shock…and hopefully a wake up call for all four institutions to proactively work on getting their financial houses in “storm” shape. This is a much better approach than trying to react in the middle of a crisis when the unthinkable happens, like it did in 2008.

For banks the main reason the stress test is important is that a passing grade clears the way for them to boost dividends to their shareholders and commence stock buybacks which typically will elevate stock price. Predictably, upon receiving a passing grade, a myriad of banks, lead by JP Morgan Chase have already announced their dividend and buyback intentions.

This leads us to the other big surprise — The Outlier. Our nation’s largest bank, Bank of America, received one of the 15 passing grades, but has opted to NOT return funds to their shareholders or buy back stock, setting them apart from their industry brethren.

This takes a lot of guts and no doubt won’t be very popular with many shareholders. But, leadership is about doing the right thing, which is not necessarily the popular thing. BoA’s fiscal responsibility is quite notable, especially in the context of today’s news, and their relatively new CEO, Brian Moynihan, is turning out to be quite a leader.

Bill

Hi, I'm Bill Bartmann and I am on a mission to reform the debt collection industry in America. Please join with me as we bring a petition to Washington D.C., and make Congress close all the legal loopholes in debt collection practices. It's time to stop these debt collection abuses and stop these criminals. Join with me! Sign the petition today! http://stopthesecriminals.com/petition

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The Answer to Debt Collection Abuse (and Maybe Even the Recession) Found in a Springsteen Song | Bartmann Blog

bruce-springsteen debt collectionOne in every eleven Americans has delinquent debt placed with a collection agency. 

Of these 30 million people, it is estimated that 2/3 of them have never been in debt before. They are people who went to work for a living, went to school, had good jobs, bought a home and did the right things. Economic tsunamis consume all.

On a daily basis more of these people are victims of harassment, intimidation and deception than any other segment of our society. For our economy to thrive again, we need this large portion of our population to become active consumers and taxpayers again.  Forget about the morality of treating the neediest among us with dignity and respect, it’s in our collective best interest to be giving them a helping hand, not a boot on the back of the neck.

On the surface it would seem easy to fix the near epidemic problem of debt collector abuse. All Congress needs to do is get together and pass legislation that does the following:

  • Bans collectors from posing as attorneys
  • Bans collectors from making threats & false accusations
  • Permits consumers to record collection calls (so the gathering the evidence to prove debt collection abuse won’t be illegal, as it is today)
  • Penalizes violations at between $1,000-$5,000 PER OFFENSE (so it won’t be good for debt collectors’ bottom lines to harass and deceive anymore)
  • Ban profanity, ethnic and racial slurs
  • Outlaw collection attempts after the statute of limitations has expired (no more harassment for life)
  • Compel a company filing a collections lawsuit to provide valid documentation that they own the debt BEFORE bringing suit against a consumer
  • Require verification of amount of debt owed (no more “take our word for it”)
  • Ensure that written notification of a lawsuit is actually received by the consumer (no more default judgments because consumers had no idea there was a legal action against them.)
  • Prohibit collectors from calling more than twice in a 24 hour period (no more incessant, non-stop debt collection calls)
  • Force debt buyers and collection companies to be licensed before they can attempt to collect on a debt (no more charlatans in boiler rooms.)

Other than debt collectors, their attorneys and lobbyists, who would possibly be against this?

Passing this legislation would be easy, IF the Republicans cared more about doing what’s right than making Obama and Harry Reid’s Democratic Senate majority lose in 2012. However, that’s far from the reality.

That’s where this story would likely end, if it wasn’t for the great Bruce Springsteen.

His amazingly inspiring new song “We Take Care of Our Own” includes lyrics that contain the answer to this “through the looking glass” problem. They say in part:

I’ve been knocking on the door that holds the throne

I’ve been looking for the map that leads me home

I’ve been stumbling on good hearts turned to stone

The road of good intentions has gone dry as bone.

We take care of our own. We take care of our own. 

Bruce’s song reminded me that in life, often the shortest distance between two points is not a straight line.

Yes, one act by congress could solve this problem. But, we don’t have to wait for Congress in order to “take care of our own.” This can be accomplished, maybe even more quickly, one state at a time.

Tip O’Neill famously said “All politics are local.” This means all legislation can be local too.

Thanks to great public servants like Oklahoma State Senator Gary Stanislawski, (@SenStanislawski) Oklahoma is about to be the first state to pass newly updated comprehensive debt collection reform. Senator Stanislawski’s Senate Bill 1430, The Bartmann Bill for Ethical Debt Collection, has passed the Senate and is now headed to the house for a vote there.

This legislation has been written as a legislative “road map” for all states (and, in their own sweet time, Congress) to better protect the neediest among us.  I’m very proud to have my name associated with this legislation and to have my debt collection business bound by it. I wish my collection industry brethren would share the sentiment….but, I’m not holding my breath.

It’s time to forget the federal government. State-by-state, we can take care of our own. Thank you Bruce…together we can shine a healing light at the Darkness on the Edge of Town.

Bill

Hi, I'm Bill Bartmann and I am on a mission to reform the debt collection industry in America. Please join with me as we bring a petition to Washington D.C., and make Congress close all the legal loopholes in debt collection practices. It's time to stop these debt collection abuses and stop these criminals. Join with me! Sign the petition today! http://stopthesecriminals.com/petition

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Attorney General McGraw Takes Leading Role Prosecuting Debt Collectors | Bartmann Blog

West Virginia Attorney General McGrawWest Virginia Attorney General, Darrell McGraw, is cracking down on debt collection firm Midland Funding as well as it’s sister corporation, Midland Credit Management (both subsidiaries of publicly traded Encore Capital Group), for using false affidavits to obtain default judgments against state residents.

This is a bad movie and we’ve seen it before. AG McGraw joins his colleagues Roy Cooper (North Carolina), Lisa Madigan (Illinois), Lori Swanson (Minnesota), Greg Abbot (Texas), Derek Schmidt (Kansas), Douglas Gansler (Maryland), Mike DeWine (Ohio) in working to give their citizens some modicum of protection against predatorial collection firms.

One of the big problems is that the settlements to date have often been so minor, that collection firms consider it a viable cost of doing business. The thing I like best about Mr. McGraw’s suit is that it voids ALL judgments Midland/Encore received in the state, requiring the Midland/Encore to refund all funds consumers have paid AND a $5,000 per violation fine.

This is the type of bold action that moves beyond “slap on the wrist” and will help force REAL and meaningful change. Well done Attorney General McGraw.

Bill

Hi, I'm Bill Bartmann and I am on a mission to reform the debt collection industry in America. Please join with me as we bring a petition to Washington D.C., and make Congress close all the legal loopholes in debt collection practices. It's time to stop these debt collection abuses and stop these criminals. Join with me! Sign the petition today! http://stopthesecriminals.com/petition

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50-State Campaign to Reform Debt Collecting Practices Moves into Kansas | Bartmann Blog

AARP Endorses Oklahoma Senate Bill 1430

Story as reported by The Wall Street Journal’s Marketwatch.com

AARP endorses bartmann bill

TOPEKA, Kan. — Only two weeks after Oklahoma lawmakers filed the Bartmann Ethical Debt Collection Act (SB 1430), the champion of the legislation moved north to the Kansas capital where he met with representatives of the Kansas Attorney General’s office. An industry insider and consumer advocate, Bill Bartmann is CEO of CFS II and the leader of a 50-state campaign to curb rampant consumer abuse by unregulated bill collectors.

“The Consumer Financial Protection Bureau and its director Richard Cordray are targeting this problem at a national level, but Kansas is a long way from Washington D.C. and consumers deserve local protection by their state’s authorities,” said Bartmann. “With 30 million Americans facing debt collectors, there’s a good chance you or someone you know has been harassed by these scumbags.”

AARP Oklahoma has endorsed the Oklahoma Senate Bill 1430, which comes following a wave of scandals that illustrate the need for reform in the debt collection and debt buyer industries. Across the country, state legislatures and state attorneys general are cracking down on collection agencies who trick consumers into paying debt that is past the statute of limitation and who submit fraudulent documentation to support lawsuits against consumers

In Kansas, the average debt per consumer was more than $15,000 in the second quarter of 2011, according to the Federal Reserve Bank of Kansas City. The explosive growth of debt buyers, companies that purchase charged-off debt from banks, has led to increasingly more aggressive strategies on the part of these companies. As consumers struggle to pay ever-mounting credit card bills during these hard times, complaints against collectors have soared.

Consumer complaints against debt collectors in 2010 reached 140,036, up 17 percent from a year earlier, according to the Federal Trade Commission. More than 50,000 people contacted the FTC to complain about harassment. Another 18,000 reported that a collector used obscene or otherwise abusive language and more than 4,000 consumers said a collector threatened them with violence.

“With about 30 million Americans facing late bills, the collection industry is being thrown into the national spotlight and not for good reasons,” said Bartmann. “Complaints against debt collectors are skyrocketing because the industry is overrun with scum bag collectors who harass consumers and practice illegal tactics to collect on late bills.”

On Wednesday in Topeka, Bartmann shared his proposal that serves as a model for Kansas and other states to reform debt buyer and debt collection laws and curb abusive and harassing practices. The 10-point model outlines critical reform ideas, including:

– Establish a program for state supervision and licensing of debt buyers and employees.

– Ban collection of “zombie debt” — debt that has passed the statute of limitation.

– Require debt buyers to provide proof of the debt before filing litigation.

– Require debt buyers to prove that consumers receive notice of litigation.

– Require that debt buyers provide proof of the debt to consumers upon demand.

– Authorize consumers to record phone calls from debt collectors.

– Authorize the Attorney General to impose fines and prosecute violators.

– Increase the penalties for debt buyers and debt collectors who violate the law.

– Discourage the filing of frivolous lawsuits by awarding costs to the prevailing party.

– Require that debt buyers, when transferring a debt, transfers all information about the consumer.

Bartmann launched the 50-state campaign, “Stop These Criminals,” nearly one year ago. The initiative is intended to reform the debt-collection industry and has proven successful, spurring the adoption of new regulatory law in Oklahoma. Since the legislation’s passage there in May, Bartmann has presented his recommendations for reducing debt collection abuse to more than two dozen state attorneys general, members of Congress, and federal consumer protection agencies.

“I built my career around the debt collection business and I know there is a right way and a wrong way to collect debt,” said Bartmann, a best-selling author who also wrote “Out of Control,” that exposed widespread criminal activity in the collections industry. “Unfortunately, our current regulatory system is not stopping criminal debt collectors from abusing helpless consumers.”

In the 1990s, Bartmann built CFS, the world’s largest debt collection agency, and became recognized as a national authority on fair debt collections practices. In fact, Inc. magazine credited CFS with “remaking one of the ugliest industries” due to the zero-abuse policy Bartmann demanded of his staff. His firm helped 4.5 million consumers resolve over $15 billion in credit card debt, without initiating a single lawsuit.

Bill

Hi, I'm Bill Bartmann and I am on a mission to reform the debt collection industry in America. Please join with me as we bring a petition to Washington D.C., and make Congress close all the legal loopholes in debt collection practices. It's time to stop these debt collection abuses and stop these criminals. Join with me! Sign the petition today! http://stopthesecriminals.com/petition

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Oklahoma Senate Passes Bill Aimed at Abusive Debt Collectors | Bartmann Blog

The story as reported on the Wall Street Journal’s Marketwatch.com:

marketwatch article on bill bartmann bill

The Oklahoma Senate on Monday passed a bill designed to curb rampant consumer abuse by unregulated debt collectors. Senate Bill 1430, known as the Bartmann Ethical Debt Collection Act, passed the Senate 40 to 2 and now moves to the House.

“The overwhelming support of this bill sends a clear message to criminal debt collectors that they are not welcome in Oklahoma,” said Tulsa-based CFS II CEO Bill Bartmann, who helped initiate the bill authored by Republican Senator Gary Stanislawski.

“The Consumer Financial Protection Bureau and its director Richard Cordray are attacking debt collection abuse at a federal level, but Oklahomans deserve local protection from our state authorities,” said Bartmann.

AARP Oklahoma has endorsed SB 1430, which calls for state supervision and licensing of debt buyers and employees, among other requirements. Endorsed by both large and small debt buyer companies, SB 1430 is pro-business legislation designed to create a level playing field that encourages competition between smaller, more ethical state firms and larger out-of-state debt buyers who often cut corners, said Bartmann.

In addition to prohibiting the use of threatening or harassing language and techniques, the new measure should also help unclog Oklahoma’s court system by reducing the number of knee-jerk law suits filed by collection attorneys against consumers who have not yet had a reasonable opportunity to pay legitimate bills.

The legislation comes following a wave of scandals that illustrate the need for reform in the debt collection and debt buyer industries. Across the country, state legislatures and state attorneys general are cracking down on collection agencies who trick consumers into paying debt that is past the statute of limitation and who submit fraudulent documentation to support lawsuits against consumers.

Nearly 15 percent of Americans today face collection calls including the most vulnerable population of senior citizens on fixed incomes. That’s twice the number of Americans pursued by collectors twelve years ago, according to the Federal Reserve. The explosive growth of debt buyers, companies that purchase charged-off debt from banks, has led to increasingly more aggressive strategies on the part of these companies. As consumers struggle to pay ever-mounting credit card bills during these hard times, complaints against collectors have soared.

“I built my career around the debt collection business and I know there is a right way and a wrong way to collect debt,” said Bartmann, a best-selling author who also wrote “Out of Control,” that exposed widespread criminal activity in the collections industry. “Unfortunately, our current regulatory system is not stopping criminal debt collectors from abusing helpless consumers.”

In the 1990s, Bartmann built CFS, the world’s largest debt collection agency, and became recognized as a national authority on fair debt collections practices. Inc. magazine credited CFS with “remaking one of the ugliest industries” due to the zero-abuse policy Bartmann demanded of his staff. His firm helped 4.5 million consumers resolve over $15 billion in credit card debt, without initiating a single lawsuit.

Bill

Hi, I'm Bill Bartmann and I am on a mission to reform the debt collection industry in America. Please join with me as we bring a petition to Washington D.C., and make Congress close all the legal loopholes in debt collection practices. It's time to stop these debt collection abuses and stop these criminals. Join with me! Sign the petition today! http://stopthesecriminals.com/petition

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Bartmann Bill Passes Oklahoma Senate 40-2 | Bartmann Blog

bartmann bill passesJust got the exciting news that the Oklahoma State Senate has overwhelmingly passed The Bartmann Bill for Ethical Debt Collection by a 40-2 vote!

This is a very positive sign for the game changing legislation introduced by State Senator Gary Stanislawski, (@SenStanislawski). However there’s still lots of work to do as we need approval by the Oklahoma state house and then Governor Mary Fallin.

For now, is a great day for the citizens of Oklahoma. We have jumped to the forefront of the nation in taking the initiative to clean up the debt collection industry and protect the neediest among us.

Bill

Hi, I'm Bill Bartmann and I am on a mission to reform the debt collection industry in America. Please join with me as we bring a petition to Washington D.C., and make Congress close all the legal loopholes in debt collection practices. It's time to stop these debt collection abuses and stop these criminals. Join with me! Sign the petition today! http://stopthesecriminals.com/petition

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